Republic of the Philippines

COURT OF APPEALS
Cagayan de Oro City
Mindanao Station

DIVISION

PEOPLE OF THE PHILIPPINES, CA-GR No. 1234

Plaintiff-Appellee,
(Crim. Cases Nos. xxxxx)
- versus -
For: VIOLATION OF SEC. 5, SEC.
11 & SEC. 12 OF R.A 9165
XXXXXXX,
Accused-Appellant.

x x

APPELLANT’S BRIEF

COMES NOW, accused-appellant, xxxxxxxxxxxxxx, by

counsel, and to this Honorable Court, most respectfully states:

Timeliness of the Brief

1. On , accused-appellant received from

this Honorable Court a Notice dated September 21, 2018
directing the filing of an Appellant’s Brief within the non-
extendible period of thirty (30) days from receipt and with proof
of service thereof upon the appellee. As such, accused-appellant
has until November 1, 2018 within which he may file his
Appellant’s Brief. Hence, the timely filing of the instant
Appellant’s Brief;

Subject Index

2. The following are the digest of the arguments and their

page references, viz.:

3. The following are the table of cases alphabetically

arranged with reference to the pages where they are cited, viz.:

Jurisprudence Page
People vs. Salik CA-GR No. 01670

Salum v. People 10
Jaime Dela Cruz v. People 12
Diokno v. Rehabilitation 12
Finance Corporation
People v. Sulit 13
People v. Ramos 13

Book reference
Evidence Series 11
2009 (The
Bar Lectures Series)
by Willard B. Riano, p.119

Assignment of Errors

4. Accused-appellant presents the following assignment of

errors committed by the Regional Trial Court (RTC), Branch ABC
of , viz.:

First, the RTC gravely erred in his order finding

the

Statement of the Case

5.
Statement of Facts

7.

Issues

17. Accused-appellant respectfully submits the following

issues of fact and law for its judgment, to wit:

Arguments

40. In fine, appellant is of the considered view that the RTC

erred in convicting him for violation of Section 15 of Article II of
RA 9165 on the premise that the said violation was not charged
by the prosecution and his confession is only to show his
trustworthiness to the trial court, nonetheless may not be used
against him to incriminate himself. Moreover, the burden of proof

Page 2 of 4
that rested to the prosecution to prove their case is reversely
rested on him.

Relief

WHEREFORE, premises considered, it most respectfully

prays of this Honorable Court that -----------------

Such other reliefs just and equitable under the circumstances

are likewise prayed for.

Respectfully submitted.

EXPLANATION ON SERVICE
BY PRIVATE COURIER SERVICE
AND/OR REGISTERED MAIL

Accused-appellant, by counsel, respectfully states that due

to time constraints, the distance between counsel’s office and
that of the adverse parties, the number of adverse parties, and
the lack of sufficient messengerial personnel to effect personal
service, copies of the foregoing Appellant’s Brief were thus
served upon the adverse parties by private courier service and/or
registered mail.

Republic of the Philippines.........)

City of xxxxxxxxxxx . . . . . . . . . . . ) S.S.
x x

AFFIDAVIT OF SERVICE

Service upon the adverse parties of the foregoing

Appellant’s Brief was effected by private courier service and/or
registered mail as hereunder evinced by the receipts attached
opposite their names, viz.:
WITNESS MY HAND this 15th day of October, 2018 in
Cotabato City, Philippines.
 xxxx

SUBSCRIBED AND SWORN to before me this 15th day of

October, 2018 in Cotabato City, Philippines by affiant who has
satisfactorily proven his identity through his IBP Identification
Card with Roll of Attorney No.

Doc. No.:
Page No.:
Book No.:
Series of 2018.

NOTICE OF SUBMISSION

The Division Clerk of Court

Division
Court of Appeals
Cagayan de Oro City

The undersigned respectfully submits the foregoing

Appellant’s Brief for the consideration and appropriate action of
the Honorable Court.

xxxx